The Construction Of The Operation Mode Of Integration Of Investigation And Prosecution For Procuratorial Organs In Handling Duty Crime Cases

To adapt to the reform of criminal procedure, this paper makes a research on how to establish a new relationship between investigation and litigation for procuratorial organs in the process of the handling duty crime cases. In accordance with the relevant provisions of the Criminal Procedure Law of the People’s Republic of China, the investigation department and the public prosecution department of the procuratorial organ are divisions of labor and cooperation, in a relationship of mutual cooperation and mutual restraint. This relationship is determined by the principle, purpose and structure of criminal procedure, which is also determined by the reason of the system design. From the internal division of the procuratorial organs, the investigation department assumes the investigation function, while the public prosecution department assumes the prosecution function. However, in practice, the investigation department and the public prosecution department of the procuratorial organ are mainly divided, each handling its cases independently, lacking necessary communication. Especially in duty crime cases, the investigation department and the public prosecution department are equally important. They should not be biased and be conflicts, but should strengthen cooperation between each other and form a crime fighting force. In order to achieve this purpose, research and innovate a case handing mode of integrating investigation and prosecution in duty crime cases, is particularly important for the procuratorial organs at all levels. This not only can integrate of the resources of the procuratorial organ and fully guarantee the cases handling force, but also improve the quality and efficiency of handling cases through the cooperation of investigation and prosecution departments in the plight of lots of cases while insufficient handling force. At the same time, “the trial as the center” of the litigation system determined by the new criminal procedure law proposes higher requirements to the procuratorial work. Establishing a new relationship between investigation and prosecution is an important task for procuratorial organs to adapt to the reform of criminal procedure. Therefore, how to implement the reform of integrating investigation and prosecution in duty crime cases will be an important content worthy of in-depth study. This paper will based on the basis of detailed introduces the current investigation and litigation in the basic theory of the relationship between, using comparative study method introduction and analysis of typical foreign countries investigation and litigation mode, with the objective reality of the attitude of China’s existing laws and regulations and omissions, and put forward their own ideas, focusing on prosecutors investigating crimes in the process of integration of investigation and prosecution mode of perfect, in order to future procuratorial organs of the investigation and prosecution functions mutual cooperation benefit.